2025 Supreme(Online)(Del) 4442
IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmeet Pritam Singh Arora, J
HUGO BOSS AG – Appellant
Versus
JAVID AHMAD – Respondent
CS(COMM) 792/2025
For the Appellants/Petitioners: Mr. Rishi Bansal, Ms. Kriti Pathak, Ms. Sovanna Dash, Mr. S.K. Bansal
For the Respondents: None
Trademark infringement occurs when a mark is used in a confusingly similar manner, violating the rights of the registered trademark owner.
Headnote:This judgment concerns a suit for trademark infringement brought by a registered proprietor of trademarks, HUGO BOSS AG, against the defendant using a similar mark. The court analyzed under the Commercial Courts Act, 2015 and CPC, 1908, acknowledging the primary factors of similarity and likelihood of confusion among consumers. The court found a prima facie case for injunction based on the balance of convenience and potential irreparable harm.
| Table of Content |
|---|
| 1. application for filing requirements (Para 1 , 5 , 8 , 11) |
| 2. trademark ownership and protectable rights (Para 24 , 26 , 28) |
| 3. preliminary injunction standards (Para 30 , 31) |
O R D E R
% 04.08.2025 I.A. 18788/2025 (Application under Section 151 CPC seeking exemption from filing original/certified copies of the statutory documents/orders, documents not having sufficient left hand margins, documents in vernacular language, copies of illegible/dim documents)
1. The present application has been filed under Section 151 of the Code of Civil Procedure, 1908 (CPC), by the Plaintiff seeking exemption from filing certified, typed/legible copies of the dim/ illegible documents, English translation of vernacular documents and documents with insufficient margins.
2. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side)
Rules, 2018.
3. The typed and/or fair copies of the illegible documents along with CS(COMM) 792/2025 Page 1 of 13 documents with improper margin be filed within four (4) weeks. Further the English translation of the documents in vernacular language be also filed within four (4) weeks.
4. Accordingly, the application stands disposed of.
I.A. 18789/2025 (Application under Section 148 and 149 of CPC, 1908 on behalf of the plaintiff seeking extension of time from filing the appropriate Court fee at the time of instituting the suit)
5. The present application has been filed under Section 148 and 149 CPC on behalf of the Plaintiff seeking extension of time for filing the appropriate court fee at this stage and seeking grant of extension of a period of two (2) weeks to deposit the court fees.
6. The time sought for is granted, failing which the consequences of Order VII Rule 11(b) CPC shall follow.
7. With the aforesaid directions, the application stands allowed.
I.A. 18786/2025 (Application under Section 151 of the Code of Civil Procedure, 1908 seeking exemption from invoking pre-institution mediation under Section XII-A of the Commercial Courts Act, 2015 )
8. The present application has been filed under Section 151 of the CPC by the Plaintiff seeking exemption from instituting pre-litigation mediation as per Section 12A of the Commercial Courts Act, 2015 .
9. Having regard to the facts that the present suit contemplates urgent interim relief and in light of the judgement of the Supreme Court in Yamini Manohar v. T.K.D. Kreethi , [(2024) 5 SCC 815.], exemption from the requirement of pre-
institution mediation is granted to the plaintiff.
10. Accordingly, the application stands disposed of.
CS(COMM) 792/2025 Page 2 of 13 I.A. 18787/2025 (Application under Order XI Rule 1(4) (as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015) read with Section 151 CPC, 1908 seeking leave to file additional documents)
11. This is an application seeking leave to file additional documents under Order XI Rule 1(4) of the CPC [as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (‘Commercial Courts Act’)] read with Section 151 CPC, within thirty (30) days.
12. The Plaintiff, if it wishes to file additional documents will file the same within thirty (30) days from today, and it shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 (‘DHC Rules’).
13. For the reasons stated in the application, the same is allowed.
14. Accordingly, the application is disposed of.
CS(COMM) 792/2025
15. Let the plaint be registered as a suit.
16. Summons be issued to the Defendant by all permissible modes on filing of process fee. Affidavit of service(s) be filed within two (2) weeks.
17. The summons shall indicate that the written statement must be filed within thirty (30) days from the date of receipt of the summons. The Defendant s